Direct Marketing Association, The v. Huber

Filing
88

Appellate Case: 11-1082 Document: 01018592494 Date Filed: 02/28/2011 Page: 1
UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
OFFICE OF THE CLERK
Byron White United States Courthouse
1823 Stout Street
Denver, Colorado 80257
(303) 844-3157
Elisabeth A. Shumaker
Clerk of Court
February 28, 2011
Douglas E. Cressler
Chief Deputy Clerk
Ms. Stephanie Lindquist Scoville
Ms. Melanie J. Snyder
Mr. Jack M. Wesoky
Attorney General for the State of Colorado
1525 Sherman Street, 7th Floor
Denver, CO 80203
RE:
11-1082, Direct Marketing Association v. Huber
Dist/Ag docket: 1:10-CV-01546-REB-CBS
Dear Counsel:
The court has received and docketed your appeal. Please note your case number above.
Copies of the Tenth Circuit Rules, effective January 1, 2011, and the Federal Rules of
Appellate Procedure, effective December 1, 2010, may be obtained by contacting this
office or by visiting our website at http://www.ca10.uscourts.gov. In addition, please note
all counsel are required to file pleadings via the court's Electronic Case Filing (ECF)
system. You will find information regarding registering for and using ECF on the court's
website. We invite you to contact us with any questions you may have about our
operating procedures. Please note that all court forms are now available on the court's
web site. Outlined below are some of the requirements for prosecuting this appeal.
Attorneys must complete and file an entry of appearance form within 14 days of the date
of this letter. See 10th Cir. R. 46.1(A). Pro se parties must complete and file the form
within thirty days of the date of this letter. Appellant's failure to enter an appearance may
cause the appeal to be dismissed. An appellee who fails to enter an appearance may not
receive notice or service of orders.
You are required to file a docketing statement within 14 days of filing the notice of
appeal. If you have not yet filed that pleading, you should do so within 14 days of the
date of this letter. Please note that under local rule 3.4(C), the appellant is not limited to
the issues identified in his docketing statement and may raise other appropriate issues in
the opening brief. In addition to the docketing statement, all transcripts must be ordered
within 14 days of the date of this letter. If no transcript is necessary, you must file a
statement to that effect.
Appellate Case: 11-1082 Document: 01018592494 Date Filed: 02/28/2011 Page: 2
The $5.00 filing fee and $450.00 docket fee were not paid to the district clerk when the
notice of appeal was filed as required by Fed. R. App. P. 3(e). Unless the fees are paid to
the district clerk within 14 days of the date of this letter, this appeal may be dismissed
without further notice. See 10th Cir. R. 3.3(B).
Appellant is not required to file a designation of record, but will be required to file an
appendix with appellant's opening brief. See 10th Cir. R. 10.2(A) and 30.1.
Appellant must file an opening brief and appendix within 40 days after the date on which
the district clerk notifies the parties and the circuit clerk that the record is complete for
purposes of appeal. See 10th Cir. R. 31.1(A)(1). Motions for extension of time to file
briefs and appendices must comply with 10th Cir. R. 27.3, 27.4(B), 27.4(E), where
applicable, and 27.4(F). These motions are not favored.
Briefs must satisfy all requirements of the Federal Rules of Appellate Procedure and
Tenth Circuit Rules with respect to form and content. See specifically Fed. R. App. P. 28
and 32 and 10th Cir. R. 28.1, 28.2 and 32.1, as well as 31.4 when applicable. Seven hard
copies of briefs must be provided to the court within two days of filing via the court's
Electronic Case Filing system. See 10th Cir. R. 31.5 and the court's CM/ECF User's
Manual. Appendices must satisfy the requirements of 10th Cir. R. 30.1(A) and 30.1(C)
and two hard copies must be filed. See 10th Cir. R. 30.1(D).
Please contact this office if you have questions.
Sincerely,
Elisabeth A. Shumaker
Clerk of the Court
cc:
George Steven Isaacson
Matthew Peter Schaefer
EAS/sds
2

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